DECLARATION OF ASSETS AND LIABILITIES LAw

Arrangement of Sections

1. Short title.

2. Application of this Law.

3. Duty of persons to whom this law applies to make declarations of assets and liabilities.

4. To whom declaration of assets and liabilities are to be made.

5. Power to refer to declaration of assets and liabilities.

6. Power of Bribery Commissioner to call for additional information.

7. Procedure regarding written communications by any person and prohibition of public statements.

8. Preservation of secrecy and oath of secrecy.

9. Offences.

9A. Procedure for prosecution and trail of offences referred to in section 9(1)(b) or (bb).

10. Regulations.

10A. Value of assets.

11. This Law to prevail over other laws.

12. Interpretation.

1 of 1975,

29 of 1985,

74 of 1988.

A LAW to compel certain specified categories of persons to make periodic declarations of their assets and liabilities in and outside Sri Lanka; to provide for reference to be made to such declarations by appropriate authorities and for investigations to be conducted upon the receipt of any communication against a person to whom this law applies; to provide for penalties for non-declaration of assets and liabilities and for false declarations; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 1st August, 1975]

1. Short title.

This Law may be cited as the Declaration of Assets and Liabilities Law.

2. Application of this Law.

(1) The provisions of this Law shall apply to every person belonging to any one of the following classes or descriptions of persons—

(a) Members of Parliament;

(b) Judges and public officers appointed by the President, public officers appointed by the Cabinet of Ministers, judicial officers and scheduled public officers appointed by the Judicial Service Commission and staff officers in Ministries and Government Departments;

[S 2(1)(b) subs by s 2(a) of Act 74 of 1988.]

(c) Chairmen, Directors, members of the Boards and staff officers of public corporations;

(d) elected members and staff officers of local authorities; and

(da) office-bearers of recognised political parties for the purposes of elections under the Presidential Elections Act, No. 15 of 1981, the Parliamentary Elections Act, No. 1 of 1981 or the Provincial Councils Elections Act, No. 2 of 1988 or the Development Councils (Elections) Act, No. 20 of 1981 or the Trade Unions Ordinance;

[S 2(1)(da) ins by s 2(b) of Act 74 of 1988.]

(db) the executive of trade unions registered under the Trade Unions Ordinance:

[S 2(1)(db) ins by s 2(b) of Act 74 of 1988.]

(dc) candidates nominated for election at elections to be held under the Presidential Elections Act, No. 15 of 1981, the Parliamentary Elections Act, No. 1 of 1981, the Provincial Councils Elections Act, No. 2 of 1988 the Development Councils (Elections) Act, No. 20 of 1981 or the Local Authorities Elections Ordinance:

[S 2(1)(dc) ins by s 2(b) of Act 74 of 1988.]

(dd) proprietors, editors and members of the editorial staff of newspapers in respect of which declarations have been made under section 2 of the Newspapers Ordinance;

[S 2(1)(dd) ins by s 2(b) of Act 74 of 1988.]

(de) Chairman, Directors and staff officers of companies registered under the Companies Act, No. 17 of 1932, in which the majority of shares are held by the State or by a public corporation.

[S 2(1)(de) ins by s 2(b) of Act 74 of 1988.]

(e) such categories of other officers as may be specified by regulations.

(2) A person to whom the provisions of this law apply by virtue of the operation of the preceding provisions of this section, is hereafter in this law referred to as a "person to whom this law applies”.

(This addition has been made to bring it into line with Article 114 of the Constitution of 1978.)

3. Duty of persons to whom this law applies to make declarations of assets and liabilities.

(1) Every person to whom this law applies shall, within three months after the appointed date, make, in such form as may be prescribed, a declaration, hereinafter in this law referred to as a "declaration of assets and liabilities”, of all—

(a) his assets and liabilities;

(b) the assets and liabilities of his spouse; and

(c) the assets and liabilities of each of his children, as on such date as may be prescribed by resolution of the National State Assembly;

(2) Where a person who on the appointed date is not a person to whom this law applies becomes thereafter a person to whom this law applies, he shall, within three months of the date on which he becomes a person to whom this law applies, make a declaration of assets and liabilities as on the last-mentioned date:

Provided that a person to whom the law applies referred to in paragraph (de) of subsection (1) of section 2 shall be deemed to have compile with the provisions of this subsection if he makes a declaration of his assets and liabilities as at the date of his nomination as a candidate for election under any of the Acts referred to in that paragraph on the date of such nomination or before he functions, or sits or votes, as President, a Member of Parliament, a member of a Provincial Council, member of a Development Council or any other Local authority, as the case may be, and in the case of an unsuccessful candidate at an election within a period of three months after the date of nomination.

[S 3(2) proviso ins by s 3(a) of Act 74 of 1988.]

(3) Every person who is required to make the first declaration of assets and liabilities under subsection (1) or subsection (2) shall, unless such person ceases to be a person to whom this law applies, by the thirtieth day of June in each year, make in the prescribed form, a declaration of his assets and liabilities as at the thirty-first day of March of such year and include in such declaration the assets and liabilities he held on the date on which he was first required to make a declaration of his assets and liabilities under this law:

Provided that, where a person who is required to make a declaration of assets and liabilities under subsection (2) has made the first declaration as at any date within six months preceding the thirty-first day of March in any year, he shall not be required to make another declaration for such year.

[S 3(3) subs by s 3(b) of Act 74 of 1988.]

4. To whom declaration of assets and liabilities are to be made.

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